MUHAMMAD ASLAM vs MUHAMMAD ANWAR S — 2023 SCMR 1371 SUPREME-COURT

Case information

Citation: 2023 SCMR 1371 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD ASLAM vs MUHAMMAD ANWAR S
Subject matter: Civil
Provisions referred to: S. 55---S; S. 12---S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ASLAM VS MUHAMMAD ANWAR S. 55---Specific Relief act (I of 1877), S. 12---Suit for specific performance of agreement to sell---Time "essence" of the contract---Scope---Terms of the agreement to sell immoveable property showed that time was essence of the contract when date for performance and consequences for non-performance by the plaintiff-vendee were specifically mentioned, and it was provided that the agreement shall be cancelled and earnest money will be confiscated---Plaintiff admitted that he could not arrange the remaining consideration amount even on the date of performance and even three months thereafter and further he dishonestly pleaded that he approached the legal heirs of the vendor as he had passed away before the date of performance which was factually incorrect, and his own evidence as well as the evidence of his witnesses contradicted his pleadings---In the present case time was essence of contract, and the consequence was to be in accordance with the agreement---When fault was with the vendee-plaintiff he was absolutely not entitled for the discretionary relief in the shape of a decree for specific performance---appeal was allowed, the judgments and decrees passed by the three fora below were set aside, and as a result suit filed by the plaintiff-respondent was dismissed with costs.

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